Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Effective tripartite consultations. The Government indicates that the trade union and employers’ elections held between October 2008 and July 2009 enabled 12 occupational organizations of workers to be identified as being the most representative, with terms of office lasting until the next elections, scheduled for December 2013. The most representative occupational organizations of employers are determined on the basis of the number of enterprises affiliated. The Government also indicates that the Ministry of Employment, Labour and Social Welfare convenes sittings of the National Council on Labour (CNT) by an order that it issues to the social partners represented in the CNT, requesting them to submit the names of the titular and alternate representatives of their respective organizations (Article 3 of the Convention). The Committee notes that the Government’s report contains no further information on the operation of the consultation procedures required by the Convention. The Committee refers the Government to its previous observation, in which it points to a serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution. It requests the Government to provide information on the consultations held with the social partners on the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention). It further requests the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention.

The Committee expects that the Government will make every effort to take the necessary action in the near future.